Saturday, March 5, 2011

FOIA redux

So I requested info from the Marines through FOIA -- this was last October -- and a couple of months later, got a CD of personnel files about 2 ex-Marines with anything that might be mildly interesting blacked out.  I've been told by a high-ranking officer that you're never an ex-Marine and I don't think I should have unfettered access to someone else's personnel file, but the accompanying letter went on to explain that I was being denied any information about a 2007 separation hearing for Adam Kokesh, one of the veterans I'm writing about, because even to acknowledge that such records exist would "constitute a clearly unwarranted invasion of that member's personal privacy."  Also, he wasn't important enough to be "of sufficient public interest to outweigh" his privacy interest.

Okay.  How about that Adam waived his privacy rights at the hearing precisely so it could be covered by the press?  Or that my cursory Lexis Nexis search came up with at least 100 stories about the hearing and events leading up to it?  Or that the hearing had to do with downgrading his discharge status because he was participating in antiwar activities, purportedly while wearing his uniform, after he had completed the active-duty portion of his contract and was on the inactive roster?  Or that the national commander of the WFW (with 2.4 million members) made a public statement in support of Adam’s First Amendment rights?

All together now: Can we say, "embarrassing"?

So, just within the 60-day window to appeal that decision, I did.  Adam, adamant that he wanted this info made public, wrote a letter of consent to release the documents to me; his lawyer suggested a list of specific records I should request; and in my neat little bundle, I included a page of 20-odd headlines about the case.  The Marines (who come under the Navy Dept. in the bureaucracy) are supposed to reply within 20 days, though all they have to do by then is say they're on the case.  After that, who knows?  But I too am adamant that, not only the information, but the process of obtaining it, should be made public, so I'll keep posting.

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